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HomeMy WebLinkAbout2021-01965 NWP 29 and 18 Tearsheet.pdf U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01956 County:Wake U.S.G.S. Quad:NC-Garner GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Pulte Home Company LLC Attn: Chris Raughlev Address: 1225 Crescent Green Drive,Suite 250 Cary,NC 27518 E-mail: chris.rauahley(&yultegroup.com Size(acres) —131.2 Nearest Town Garner Nearest Waterway UT to Swift Creek River Basin Neuse USGS HUC 03020201 Coordinates 35.6496522,-78.5666753 Location description: The proiect area is located on the north side of New Bethel Church Road and the east side of Hebron Church Road,in Garner,Wake County,North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.0577 acre (268 linear feet)of stream channel(0.0496 acre [215 linear feetl of which is considered a permanent loss of waters)and 0.183 acre of riparian non-riverine wetlands,and the temporary discharge of fill material into 0.014 acre(96 linear feet)of stream channel and 0.035 acre of riparian non-riverine wetlands(0.006 acre of which will result in the permanent conversion of forested wetlands to herbaceous wetlands),necessary for construction of access and infrastructure for the Cambria residential development.This proiect will also result in the indirect reduction of wetland function to an additional 0.016 acre of riparian non-riverine wetlands via partial loss of hydrology. Applicable Law(s): ®Section 404(Clean Water Act,33 USC 1344) ❑Section 10(Rivers and Harbors Act,33 USC 403) Authorization: Nationwide Permit 29.Residential Developments,Nationwide Permit 18.Minor Discharges SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions,your application signed and dated 9/8/2023,additional information received via email on 11/10 and 12/8/2023,and the enclosed plans "Cambria" Sheet Nos. CWI-0.0, CWI-1.0, CWI-2.0, CWI-2.01, CWI-2.1 through CWI-2.23, CWI-3.0, and CWI-3.1, dated 12/4/2023. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,a restoration order,a Class I administrative penalty,and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified,suspended or revoked. If,prior to the expiration date identified below,the nationwide and/or regional general permit authorization is reissued and/or modified,this verification will remain valid until the expiration date identified below,provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit,activities which have commenced(i.e., are under construction)or are under contract to commence in reliance upon the nationwide and/or regional general permit,will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration,modification or revocation,unless discretionary authority has been exercised on a case-by-case basis to modify,suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources(telephone 919-807-6300)to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(LAMA),prior to beginning work you must contact the N.C.Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,please contact David E.Bailey at 919 817- 436 or David.E.Bailey2(a usace.army.mil. Corps Regulatory Official: Date: 1/8/2024 Expiration Date of Verification: 3/14/2026 SAW-2021-01956 SPECIAL CONDITIONS 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Forms. The requirements of these forms, including any special conditions listed on these forms, are hereby incorporated as special conditions of this permit authorization. 2. No permanent discharges of dredged or fill material are authorized for the utility line crossing of Stream B as shown on permitted plan "Cambria" Sheet No. CWI-2.19. Stream impacts for this utility crossing will be avoided through the use of trenchless techniques such as jack and bore or horizontal directional drill. 3. Following construction, authorized temporary impacts to wetlands and stream banks must be returned to original grade and contour and stabilized and seeded with regionally appropriate native seed mix according to detail 3 on "Cambria" Sheet no. CWI-3.0 4. Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14, 2022, the USFWS published a proposal in the Federal Register to list the tricolored bat as endangered under the Endangered Species Act (ESA). The permittee understands and agrees that all work associated with the clearing and removal of trees and removal or modification of culverts must be completed prior to the effective date of the final listing in the Federal Register. Work associated with the aforementioned activities not completed by that time must cease and the permittee must contact the Corps' (Attn: Mr. Richard Harmon, (919) 724-8773 or Rich ard.G.Harmon(-)usace.army.mil) to determine if additional coordination with the United States Fish and Wildlife Service is required under Section 7 of the Endangered Species Act prior to continuing work. 5. Stream and wetlands impacts authorized herein are considered part of the Cambria residential development single and complete project. Please note that future impacts and/or phases of the Cambria residential development as well as related activities associated with Corps Action ID: SAW-2021-01965 may be considered part of a single and complete project. These impacts may be considered cumulative with impacts authorized during earlier phases with respect to compensatory mitigation and Nationwide Permit thresholds. Current cumulative impacts to waters of the US for the Cambria residential development single and complete project include a total loss of 0.0496 acre (268 linear feet) of streams and 0.183 acre of wetlands, or a total of 0.2326 acre of waters of the US. 6. Based on the permittee's voluntary commitments and consultation with the U.S. Fish and Wildlife Service pertaining to Section 7 of the Endangered Species Act, the following conditions are required: a. A double row of silt fence must be installed in areas within 50-ft of delineated streams and wetlands, to ensure that sediment is captured effectively. b. All vehicles must be inspected for leaks immediately prior to entering the jurisdictional impact areas each day. Any leaks must be repaired and construction vehicles thoroughly cleaned to remove any residual dirt, mud, debris, grease, motor oil, hydraulic fluid, coolant, or other hazardous substances. SAW-2021-01956 Special Condition 6 continued... c. When not in use, materials and vehicles must be staged in upland areas outside of the 50-ft riparian buffer. The size and number of access corridors for construction vehicles must be minimized in jurisdictional water and riparian buffer impact areas. d. All disturbed soils within jurisdictional impact areas must be restored to grade and temporary stabilization measures must be implemented as necessary to prevent erosion until the area can revegetate. e. Outlets from silt fence and other construction erosion control devices may not discharge closer than 50 feet to the top of bank of any stream, except at road and utility crossing locations where there is not a feasible alternative due topographic constraints. f. Outlets for each row of silt fence must be offset to provide additional retention of water and sediment in the outer row. g. All mechanized equipment shall be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels,lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the Permittee shall immediately report it to the Corps at Richard.G.Harmon(a)usace.army.mil, U.S. Fish and Wildlife Service (USFWS) at kathryn matthews(dfws.gov, and N.C. Division of Water Resources (NCDWR) at (919) 733-3300 or (800) 858-0368, and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act shall be followed. Inspections, repairs, cleaning, and/or servicing must be conducted either before the vehicle, equipment, or machinery is transported into the field or at the work site; h. All drilling muds, wash-water runoff, and/or other harmful materials must be appropriately controlled to prevent entry into a waterbody or riparian zone. i. Vehicles and equipment must be fueled and maintained, and potentially toxic substances (fuels,paints, solvents, lubricants, etc.) must be stored, within a containment area in uplands. j. Temporary and permanent stabilization measures should include only natural materials that are expected to degrade over time. k. Impacted areas will immediately be stabilized and revegetated. Portions of the site outside of rights-of way (with inherent requirements) must be revegetated with native seed mixes. Corps Regulatory Official: Date: 1/8/2024 Expiration Date of Verification: 3/14/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at https://re ug latory.ops.usace.army.mil/customer-service-survey. Copy furnished electronically: Kate Hefner,Timmons Group,Kate.Hefner(a_timmons.com Zachary Thomas,NCDEQ-DWR,zachary.thomas(a�deq.nc.gov Form 1 Compensatory Mitigation Responsibility Transfer Form Permittee: Pulte Home Company LLC,Attn:Chris Raughley Action ID: SAW-2021-01956 Project Name:Cambria residential development/New Bethel Road and Hebron Church Road/Garner County:Wake Instructions to Permittee:The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services(NCDMS),who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below,the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin:03020201, Neuse River Basin Stream Impacts(linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 113 1 0.204 *If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin:03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 226 0.388 Mitigation Site Debited:Wildlands-Falling Creek Umbrella Mitigation Bank: Falling Creek Mitigation Site and McClenny Acres II Mitigation Site (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site,also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I,the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation,the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form,the Permittee is no longer responsible for providing the mitigation identified in this form,though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor,confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type,amount,or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case-by-case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved,higher mitigation ratios may be applied,as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: • A letter from Wildlands,confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 11/8/2023,was included with the preconstruction notification. • The stream credits required correspond to 113 linear feet of impacts at 2:1. • The wetland credits required correspond to 0.1835 acre of impacts at 2:1,and 0.0214 acre of impacts at 1:1 This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1)the Permittee,2)the District Project Manager at the address below,3)the Bank Manager listed in RIBITS, and 4)the Wilmington District Mitigation Office,3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587(or by email to SAWMIT@usace.army.miU. Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: David E. Bailey USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive,Suite 105 Wake Forest, North Carolina 27587 Email: David.E.Bailey2@usace.army.mil 1/8/2024 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios,functional assessments,and mitigation bank location and availability,and credit classifications(including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Form 2 Compensatory Mitigation Responsibility Transfer Form Permittee: Pulte Home Company LLC,Attn:Chris Raughley Action ID: SAW-2021-01956 Project Name:Cambria residential development/New Bethel Road and Hebron Church Road/Garner County:Wake Instructions to Permittee:The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services(NCDMS),who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below,the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin:03020201, Neuse River Basin Stream Impacts(linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 102 *If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin:03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 204 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site,also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I,the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation,the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form,the Permittee is no longer responsible for providing the mitigation identified in this form,though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor,confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type,amount,or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case-by-case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved,higher mitigation ratios may be applied,as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: • A letter from NCDMS,confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 11/8/2023,was included with the preconstruction notification. • The stream credits required correspond to 102 linear feet of impacts at 2:1. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1)the Permittee,2)the District Project Manager at the address below, 3)the Bank Manager listed in RIBITS, and 4)the Wilmington District Mitigation Office,3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587(or by email to SAWMIT@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: David E. Bailey USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive,Suite 105 Wake Forest, North Carolina 27587 Email: David.E.Bailey2@usace.army.mil 1/8/2024 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios,functional assessments,and mitigation bank location and availability,and credit classifications(including stream temperature and wetland groupings) is available at http://ribits.usace.army.mi1. Action ID Number: SAW-2021-01956 County: Wake Permittee: Pulte Home Company LLC, Attn: Chris Raughley Project Name: Cambria residential development/New Bethel Road and Hebron Church Road/Garner Date Verification Issued: 1/8/2024 Project Manager: David E. Bailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or David.E.Bailey2@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date MEMORANDUM FOR RECORD A. Determination of Jurisdiction: 1. ❑ There are waters,including wetlands on the above described project area that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403).This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331). However,you may request an approved JD, which is an appealable action,by contacting the Corps district for further instruction. Please note,if work is authorized by either a general or nationwide permit,and you wish to request an appeal of an approved JD,the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification,provided there is no change in law or our published regulations or new information that warrants revision of this determination. 3. ❑ There are waters,including wetlands within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC § 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification,provided there is no change in law or our published regulations or new information that warrants revision of this determination. 4. A jurisdiction determination was not completed with this request. Therefore,this is not an appealable action. However,you may request an approved JD,which is an appealable action,by contacting the Corps for further instruction. 5. ® The jurisdictional areas within the above-described project area have been identified under a previous action.Please reference jurisdictional determination issued 3/22/2023. Action ID: SAW-2021-01965.